Can my neighbor park his car in the driveway to his garage even though it is our property?


Questioner

Our neighbours' driveway is on our property. They have a right of way. Now they always use that driveway as a parking space. We don't want that anymore. We have lived here for 17 years now. Do we have the right to prohibit that parking? As far as we know, they are only allowed to use the driveway to get to the garage or behind their house. What are our rights and do they possibly have a right to anything?

Lawyer

It is as you say: the easement must be exercised in the least onerous manner and for which it was granted. So not as a parking space. You can demand that your neighbours do not park their car there. However, the longer such extensive use takes place, the less strong your position. Then the actual use takes precedence over the formal use.

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